From our law office in San Jose, California, we have helped thousands of people get a fresh start by using the bankruptcy laws enacted by our own United States Congress. We have also helped hundreds of consumers who have been abused and harassed by debt collectors.

Background

Back in the early 1990’s I was working at a legal clinic. I met a young woman who told me that a debt collector had threatened that if she did not send $600 via Western Union by noon the next day she would go to jail for failing to pay a debt. After researching federal law I learned that a debt collector was not allowed to make false threats of arrest in an attempt to collect a debt; in fact a debt collector was not allowed to make false statements of any kind, or abuse and harass or people! My experience in helping her caused me to embark upon a journey of helping every day people know their rights.

Bankruptcy

Many people don't realize that bankruptcy laws have been on the books since 1898 in the U.S. Bankruptcy law is U.S. federal law.

Generally, filing chapter 7-bankruptcy allows people who are having financial difficulties to wipe out their debts. In most cases people filing bankruptcy can keep all of their property. The end result gives people a fresh start in life. Thus, bankruptcy helps people wipe out their debts, keep their property, and get a fresh start! Indeed, the U.S. Supreme Court described bankruptcy's fresh start as "a new opportunity in life."

In the past bankruptcy was a tool used by big companies such as Macy's and Texaco. In 1997, Montgomery Ward's and Levitz filed for bankruptcy. Bankruptcy was also used as a form of protection by celebrities and other famous people, like: Samuel Clemens a.k.a. Mark Twain, Donald Trump, Henry Ford, H.J. Heinz, Elton John, Larry King, Burt Reynolds, Marvin Gaye, M.C. Hammer, Leona Helmsley, and many others. They used the bankruptcy laws to protect their property, wipe out their debt, and/or restructure their finances, and get a fresh start.

More recently, many other people, employed and unemployed, are beginning to realize that they too can seek protection from their creditors by filing; and that you don't have to be a big company or a celebrity to file bankruptcy!

Fair Debt Collection Practices Act

Back in 1978 the U.S. Congress created the Fair Debt Collection Practices Act, after finding:

There is abundant evidence of the use of abusive, deceptive, and unfair debt collection practices by many debt collectors. Abusive debt collection practices contribute to the number of personal bankruptcies, to marital instability, to the loss of jobs, and to invasions of individual privacy.

The FDCPA prohibits any false, deceptive or misleading practices in an attempt to collect a debt. It also prohibits debt collectors from harassing, abusing or annoying consumers. Simply, put, the FDCPA says a debt collector cannot lie, cheat, steal, or use any unfair practices in an attempt to collect a debt.

After you file for bankruptcy protection, in most cases, your creditors MUST stop harassing you and they cannot take any legal action against you to collect any money. You are fully protected by law.

2. Keep Your Property

In most cases you will be able to keep most items of property, including your home, car, furniture and more. Often times, people thinking about bankruptcy believe they will walk away with nothing. That is not true.

3. Protect Your Privacy

Typically, only the names of the creditors you provide to the court will be notified about your case. Usually, this will be a private matter and your friends and family will NOT be notified.

4. Keep Your Job

Your employer is not permitted to discriminate against you for seeking bankruptcy protection. Your job and relationship with your employer must not be affected by bankruptcy.

5. Rebuild Your Life

Usually, you can apply for credit (home loans, car loans, credit cards and other forms of credit) even after you have filed for bankruptcy. Most people are not made aware of this information.

By an act of the United States Congress, I am a "debt relief agent." The determination of the need for legal services, or debt relief services, and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements. Law changes from place to place and time to time. This website is not and is not intended to be an advertisement outside the state of California. This website is helpful, but is not meant to be legal advice. Thus, it is not a substitute for meeting with an attorney and obtaining specific legal advice. No attorney client relationship has or will be established with Attorney Ronald Wilcox unless and until a written retainer agreement has been executed. Ronald Wilcox is admitted in California.

For the most part, this web site only discusses chapter 7 bankruptcy. When the word "bankruptcy" is used in this web site, it is only referring to chapter 7 bankruptcy. There are other chapters of bankruptcy. These other chapters may be better for you depending on your particular circumstances. The chapter you choose to file has many consequences. To determine which chapter is best in your situation, you should speak with a qualified bankruptcy attorney.